Pre-Nuptial Agreements Q&A | Davis Blank Furniss Solicitors

What is a Pre-nuptial agreement?

A Pre-nuptial agreement is an agreement entered into by two people planning to get married or enter into a civil partnership to set out how their assets may be divided or retained should their marriage come to an end.

Are Pre-nuptial agreements legally binding?

Many people are surprised when they discover that in England & Wales, Pre-nuptial agreements are not strictly legally binding. The Family Court reserves the power to make financial orders upon divorce.

However, the Court does take into account Pre-nuptial agreements and they can carry weight if they are entered into freely by both parties with the benefit of full and frank financial disclosure. More weight will also be attached to the agreement if the court is satisfied it is fair and both parties have full appreciation of its implications, before signing the agreement.

The Court may not make final orders in accordance with a Pre-nuptial agreement if the effect of doing so would be unfair on one of (or both of) the parties.

In some countries Pre-nuptial agreements are legally binding if correct procedures are followed. You may need specialist advice if there is an international element to your marriage/civil partnership.

Is there a minimum time limit before the marriage for a Pre-nuptial agreement to be signed?

It is a good idea to finalise and sign the Pre-nuptial agreement in good time before any marriage or civil partnership ceremony. As the agreement must be freely entered into, without any pressure (undue or otherwise), the Law Commission recommends that the agreement is signed at least 21 days before the wedding. This is of course just advisable but can help towards limiting the implication that there was any possible pressure.

Are Pre-nuptial agreements just for wealthy people?

No, this is a common misconception. Pre-nuptial agreements are in fact, for all couples who are due to marry or enter into a civil partnership and have an interest in protecting their assets should they ever face separation. The Pre-nuptial agreement can include or exclude any sort of asset, no matter what its value, from future financial settlements which can help safeguard sentimental and non-matrimonial property. This can then provide a great sense of security and peace of mind, no matter the size of the assets involved.

Do both parties need legal advice?

It is strongly advisable for both parties to seek independent legal advice as to the terms and implications of the Pre-nuptial agreement.

How can I get advice about a Pre-nuptial agreement, including fees and timescales?

Please contact a member of the Family team who would be happy to discuss matters over the telephone or arrange an appointment for you at the office.

For more information about Brigid and her work, please click HERE.

Testimonials

Read what our clients have to say...

View All

Excellent experience start to finish – always very responsive to any queries and the turnaround on the property I was buying was very quick, even in the busy time leading up to stamp duty deadline. Jenny was always very helpful and went above and beyond to close on a short timescale.

Ben Armitage

“Very approachable, practical solutions to problems, but most of all very responsive which I personally think is very important because if you need help, you need it quickly, or at least to know someone is looking at it for you”.

Joanne Rowe, Finance Director, Greater Manchester Chamber

“Always able to contact, very approachable, friendly and professional”

Nives Feely, JAM Recruitment

“I believe I have been able to establish a professional working relationship with everyone I have come into contact. Importantly, I sense the relationships which have been established give me the confidence that I can make contact with Davis Blank Furniss at any time and on any matter. I would also like to express my thanks to the very impressive “gatekeepers” who work in reception, not only for making me very welcome, but also for their professionalism”

Bill Pryke, CEO, Chartered Institution of Civil Engineering Surveyors

“Thank you for your efficient and friendly help throughout this process. We have had it easy but your approach has been part of that”.

Robert Amsbury (Conveyancing Client)

“I would like to take this opportunity to thank you personally for the ongoing support and assistance the firm has offered to our parents over the years. I hope also that we may be able to call on you if necessary in the future.”

Valerie Fisher (Probate Client)

“Jo always provides great service, understands our needs and delivers on her promises. Our needs are relatively simple but the complexity arises out of the volume of work and short time frames, Jo always delivers.”

Peter Fernandez, Corporate Director at Royal Bank of Scotland

“A big thank you to all who dealt with my wife’s claim… We would not hesitate to recommend Davis Blank Furniss to anyone that may be in a situation like we have been…”

Anon (Personal Injury client)

“Before putting my case in Kirsty (Morbey)’s capable hands I’ve met a couple of other solicitors. None of them listen to me as intently as Kirsty and showed me as much empathy and understanding as she did. Simultaneously she was able to look at my case from legal perspective, explain all the options and follow each of our meetings with written summary of the discussed matters (in timely manner). Her advice was invaluable and led me to successfully ending the case matter (hopeful for good). I’m forever grateful for he work and would definitely recommend her to anyone looking for reliable, knowledgeable and committed solicitor”.

Anon (Family client)
5 star service

Our Manchester office is rated 5 stars on Google